4.8. SR 10-25-1993
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NSULTING ENGINEERS
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1326 Energy Park Drive
St. Paul, lIS ~~108.~202
612-6H.~389
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9SOO SOOIanl ParkwilY, Ste.11l'2
Minneapolis, IIN ~H1.64~1
612.~~6-0432
Fax: 612.~~.6398
ITEM 4.8.
October 13, 1993
File: 230-000-00
Honorable Mayor and City Council
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
RE: TH lO/OXFORD STREET TURN LANE
Dear Council Members:
At the July 19, 1993, City Council meeting, Mr. Ken Beaudry requested and was granted an
~xtension of a conditional use permit for convenience store/gas station at the corner of TH
10 and Proctor Avenue. As you are aware, Mr. Beaudry is currently constructing that
facility. One of the conditions that was placed on the extension of the Conditional Use
Permit was that Mr. Beaudry petition for a right turn lane onto Oxford off ofTH 10 and that
he waive any objections to being assessed for the improvement. Attached is the petition that
the City received from Mr. Beaudry concerning this improvement.
At this point in time, it would be appropriate for the City Council to consider the attached
resolution which declares the adequacy of the petition and orders the preliminary feasibility
report. Once the feasibility study is complete, the City Council can then determine how to
proceed with this particular improvement.
If you have any questions regarding this, I will be in attendance at your October 18, 1993,
City Council meeting.
Sincerely,
MSA, CONSULTING ENGINEERS
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Attachment
000-1304.oct
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PETITION FOR LOCAL IMPROVEMENT
City of Elk River
State of Minnesota
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To the City Council of Elk River, Minnesota:
WE, THE UNDERSIGNED OWNERS of (all) (not less than 35 percent ilJ
frontage) of the real property descri bed as: N. E C OlC!.rtel'- 0 + IIw7' 10
~ P Ir 0 c_.'+Cy I 6.11<- r<. \ 'v€A- . .
hereby petition, pursuant to Minnesota Statutes, Chapter 429,
following public improvements:
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a. ~ <S:l.
for the
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iI~ V 10
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EACH OWNER FURTHER AGREES, in consideration of the City action at our
request to cause construction of the above-described improvement, to pay
such sums as may be determined by the City to be a fair and reasonable
apportionment of the costs of said improvement.
OWNER EXPRESSLY WAIVES OBJECTION to any irregularity with regard to
the making of the improvement or assessment of the cost thereof; waives any
claim that the amount thereof levied against owner's property is excessive;
and waives all rights of appeal in the courts.
Signature
Date of Owner
L ~7~!~3 ~~h '
3.
4.
5.
6.
7 .
8.
9.
10.
Print Name Description of
of Owner Property L +- r
C .. Q ~ NE C()fV\'"C1 0 0"\
;>I\.e .e~u ~ PYllt:..tnr () ~ 10
. ... 11. e fI., "J. f3. ...11..'(
Examined, checked, and found to be in proper form and to be signed by
the owners of the above-stated Quantity of property affected by the making
of the improvement petitioned for.
~J~a.~
City Clerk
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RESOLUTION 93 -
A RESOLUTION OF THE CITY OF ELK RIVER
A RESOLUTION DECLARING THE ADEQUACY OF THE
PETITION FOR IMPROVEMENT AND ORDERING THE
PRELIMINARY FEASffiILITY REPORT IN THE MATTER
OF THE TH 1O/OXFORD STREET TURN LANE IMPROVEMENT OF 1993
WHEREAS the City has received a petition (the Petition) requesting that the City improve
certain property by constructing a turn lane on TH 10 at Oxford Street (the
improvements); and
WHEREAS the City has reviewed the Petition and identified the owner of the real property
abutting the streets named in the Petition and determined the Petition has been
duly executed by the owners of not less than 35 % in frontage of the real property
abutting on the streets named in the Petition as the location of the improvements;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River,
Minnesota:
1.
The Petition is hereby declared to have been signed by the owners of at least 35 % of the
frontage of the real property abutting on the streets named in the petition as the location
of the improvement. This declaration is made in conformity to Minnesota Statutes,
Section 429.035.
2. This Petition is hereby referred to Maier Stewart & Associates, Inc., who is instructed
to provided to the City Council a report advising, in a preliminary way, whether the
proposed improvement is feasible and whether the improvement should thus be made as
proposed or in connection with some other improvement and the estimated cost of the
improvement as recommended.
Passed and adopted this 18th day of October, 1993.
Henry A. Duitsman, Mayor
ATTEST:
Sandra A. Thackeray, City Clerk
000-1304.oct